CM/ECF - Live Database - flsd

07/12/2011 15:16

AMS,MEDIATION,REF_DISCOV

U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:11-cv-20120-PAS
Bujduveanu v. Ginspert et al Assigned to: Judge Patricia A. Seitz Referred to: Magistrate Judge Andrea M. Simonton Cause: 28:1346 Tort Claim Plaintiff Traian Bujduveanu represented by Traian Bujduveanu 5601 W Broward Blvd. Plantation, FL 33317 954-316-3828 PRO SE Date Filed: 01/12/2011 Jury Demand: Plaintiff Nature of Suit: 380 Personal Property: Other Jurisdiction: Federal Question

V. Defendant Ana Ginspert represented by David Scott Chaiet Eisinger, Brown, Lewis & Frankel, PA 4000 Hollywood Boulevard Suite 265-S Hollywood, FL 33021-6755 954-894-8000 Fax: 894-8015 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Dismas Charities, Inc. represented by David Scott Chaiet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Derek Thomas represented by David Scott Chaiet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Adams Leshota represented by David Scott Chaiet

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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed 01/12/2011 # Docket Text

1 MOTION for Return of Property against Dismas Charities, Inc., Ana Ginspert. Filing fee $ 350.00 WAIVED, filed by Traian Bujduveanu. (Attachments: # 1 Appendix)(jc) Modified text on 1/25/2011 (jc). (Entered: 01/12/2011) 2 Judge Assignment RE: Electronic Complaint to Senior Judge William M. Hoeveler (jc) (Entered: 01/12/2011) 3 Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, nondispositive matters and for a Report and Recommendation on any dispositive matters. (jc) (Entered: 01/12/2011) 4 CLERKS NOTICE REASSIGNING CASE. Case reassigned to Judge Patricia A. Seitz for all further proceedings. Senior Judge William M. Hoeveler no longer assigned to case (jc) (Entered: 01/13/2011) 5 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $ 350.00, receipt number FLS100018500. See docket entry # 27 for image. Modified text on 7/7/2011 (jc). (Entered: 01/25/2011) 6 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $ 350.00, receipt number FLS100018500. See docket entry # 27 for image. (jc) Modified text on 7/7/2011 (jc). (Entered: 01/26/2011) 7 Correction: Wrong docket event used re: DE# 5 & 6 . Clerks Notice of receipt: Filing Fee of $350.00 . (jmd) (Entered: 01/28/2011) 8 MOTION to Appoint Counsel by Traian Bujduveanu. Responses due by 2/17/2011 (jc) (Entered: 01/31/2011) 9 Clerks Notice of Reassignment of Magistrate Judge to Paired Judge John J. O'Sullivan. Magistrate Judge Patrick A. White no longer assigned to case per his chambers. Motions referred to John J. O'Sullivan. (vp) (Entered: 02/03/2011) 10 ORDER of Reference to Magistrate Judge John J. O'Sullivan for Pretrial Proceedings. Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered: 02/03/2011) 11 Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 4/19/2011. Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered: 02/03/2011) 12 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered: 02/04/2011) 13 MOTION for the Appointment of Counsel by Traian Bujduveanu. Responses due by 4/11/2011 (asl) (system updated) (Entered: 03/28/2011) 14 AMENDED COMPLAINT of Damages against Dismas Charities, Inc., Ana
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Ginspert, Derek Thomas, Adams Leshota, filed by Traian Bujduveanu.(asl) (Entered: 03/29/2011) 03/29/2011 03/29/2011 03/30/2011 03/30/2011 15 Summons Issued as to Ana Ginspert. (asl) (Entered: 03/29/2011) 16 Summons Issued as to Dismas Charities, Inc. (asl) (Entered: 03/29/2011) SYSTEM ENTRY - Docket Entry 17 restricted/sealed until further notice. (sk) (Entered: 03/30/2011) 18 Clerks Notice of Docket Correction re 17 ORDER denying 8 Motion to Appoint Counsel; denying 13 Motion to Appoint Counsel.. Document Restricted Due to Error; The correct document has been attached to this notice. (sk) (Entered: 03/30/2011) 19 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Andrea M. Simonton. Magistrate Judge John J. O'Sullivan no longer assigned to case. (dm) (Entered: 04/05/2011) 20 Summons Issued as to Adams Leshota, Derek Thomas. (asl) (Entered: 04/06/2011) 21 MOTION for Reconsideration of 18 Plaintiff's Motion to Appoint Counsel by Traian Bujduveanu. (asl) (Entered: 04/14/2011) 22 MOTION for Extension of Time to File the Joint Scheduling Report by Traian Bujduveanu. Responses due by 4/29/2011 (asl) (Entered: 04/14/2011) 23 CIVIL RULE 4 AFFIDAVIT signed by : Traian Bujduveanu. by Traian Bujduveanu (asl) (Entered: 04/26/2011) 24 ORDER Requiring Filing Fee or filing of Motion to Proceed In Forma Pauperis. Filing Fee or Motion due by 5/16/2011. Signed by Magistrate Judge Andrea M. Simonton on 5/2/2011. (mmn) (Entered: 05/02/2011) 25 AFFIDAVIT Florida Civil Rule 1.070 signed by : Traian Bujduveanu. by Traian Bujduveanu (asl) (Entered: 05/04/2011) 26 MOTION to Dismiss 14 Amended Complaint by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Responses due by 5/23/2011 (Chaiet, David) (Entered: 05/04/2011) 27 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $ 350.00, receipt number FLS100018500 (jua) (Entered: 05/10/2011) 28 ORDER Denying Motion to Reconsider and Granting in Part Motion for Extension of Time; re 21 Motion for Reconsideration ; re 22 Motion for Extension of Time. Joint Scheduling Report due 5/20/11. Signed by Judge Patricia A. Seitz on 5/12/2011. (asl) (Entered: 05/12/2011) 29 (STRICKEN by DE# 40.)SCHEDULING REPORT - Rule 26(f) by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas (Chaiet, David) Modified to reflect "stricken" on 6/6/2011 (wc). (Entered: 05/19/2011) 30 (STRICKEN by DE# 40.)JOINT SCHEDULING REPORT - Rule 26(f) by Traian Bujduveanu (jua) Modified to reflect "stricken" on 6/6/2011 (wc). (Entered: 05/20/2011)
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05/20/2011

31 JOINT SCHEDULING REPORT - Rule 26(f) by Traian Bujduveanu, Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas (jua) (Entered: 05/20/2011) 32 MOTION for Appointment of Pro Bono Counsel by Traian Bujduveanu. Responses due by 6/9/2011 (jua) (Entered: 05/24/2011) 33 MOTION to Strike 26 MOTION to Dismiss and Incorporated Memorandum of Law in Support by Traian Bujduveanu. Responses due by 6/10/2011 (jua) (Entered: 05/24/2011) 34 MOTION to Strike 30 SCHEDULING REPORT - Rule 26(f)/16.1 by Traian Bujduveanu. Responses due by 6/10/2011 (jua) (Entered: 05/24/2011) 35 RESPONSE to Motion re 34 MOTION to Strike 30 SCHEDULING REPORT Rule 26(f)/16.1 filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Replies due by 6/6/2011. (Chaiet, David) (Entered: 05/25/2011) 36 ENDORSED ORDER regarding 33 Plaintiff's Motion to Strike Defendants' Motion to Dismiss. Plaintiff's Motion to Strike shall be treated as Plaintiff's Response to 26 Defendants' Motion to Dismiss. If Plaintiff wishes to supplement his Response in light of this Order, he shall do so on or before Monday, June 6, 2011. Any reply of Defendants shall be due on or before Thursday, June 16, 2011. Signed by Magistrate Judge Andrea M. Simonton on 5/26/2011. (mmn) (Entered: 05/26/2011) Set/Reset Deadlines as to 26 MOTION to Dismiss 14 Amended Complaint. Plaintiff's Supplement to Response due by 6/6/2011. Defendants' Replies due by 6/16/2011. (See DE# 36.) (wc) (Entered: 05/27/2011) 37 RESPONSE in Opposition re 32 MOTION to Appoint Counsel filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 05/31/2011) 38 SUPPLEMENT RESPONSE re 26 MOTION to Dismiss 14 Amended Complaint filed by Traian Bujduveanu. Replies due by 6/13/2011. (jua) (Entered: 06/01/2011) 39 REPLY to Response to Motion re 33 MOTION to Strike 26 MOTION to Dismiss 14 Amended Complaint filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 06/02/2011) 40 ENDORSED ORDER granting 34 Plaintiff's Motion to Strike Document from the Docket, based upon 35 Defendants' Response, which indicates that Defendants do not oppose Plaintiff's Motion. A review of the docket sheet reflects that each party initially filed a Scheduling Report that had not been signed by the opposing party. These Scheduling Reports are contained in docket entries 29 and 30 . Thereafter, 31 the Joint Scheduling Report signed by both parties was filed. Therefore, docket entry 31 shall de deemed the effective Joint Scheduling Report in this case. The Court strikes 29 and 30 , the two previously filed unilateral Scheduling reports. Signed by Magistrate Judge Andrea M. Simonton on 6/6/2011. (mmn) (Entered: 06/06/2011) 41 SECOND SUPPLEMENT RESPONSE to 26 MOTION to Dismiss 14 Amended Complaint filed by Traian Bujduveanu. Replies due by 6/16/2011. (jua) (Entered: 06/07/2011) 42 ORDER Denying Motion for Appointment of Pro Bono Counsel; re 32 Motion to
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Appoint Counsel. Signed by Judge Patricia A. Seitz on 6/8/2011. (asl) (Entered: 06/08/2011) 06/20/2011 43 ORDER REFERRING MOTION to Magistrate Judge Andrea M. Simonton: 26 MOTION to Dismiss 14 Amended Complaint filed by Derek Thomas, Dismas Charities, Inc., Adams Leshota, Ana Ginspert. Motions referred to Andrea M. Simonton. Signed by Judge Patricia A. Seitz on 6/20/2011. (asl) (Entered: 06/20/2011) 44 SCHEDULING ORDER: Pretrial Conference set for 5/24/2012 09:00 AM in Miami Division before Judge Patricia A. Seitz. Jury Trial set for 6/18/2012 10:00 AM in Miami Division before Judge Patricia A. Seitz. Calendar Call set for 6/13/2012 01:15 PM in Miami Division before Judge Patricia A. Seitz. Discovery due by 12/16/2011. Dispositive Motions due by 12/16/2011. Pretrial Stipulation due by 5/16/2012. ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton for Discovery Matters. Signed by Judge Patricia A. Seitz on 6/29/2011. (lw) (Entered: 06/29/2011) 45 ORDER REFERRING CASE to Mediation. Mediation Deadline 12/30/2011. Signed by Judge Patricia A. Seitz on 6/29/2011. (lw) (Entered: 06/29/2011) 46 ORDER TO SHOW CAUSE. Notice of Selection of Mediator and Show Cause Response due by 7/25/2011. Signed by Judge Patricia A. Seitz on 7/14/2011. (asl) (Entered: 07/14/2011) 47 Request for Clerk to Appoint Mediator(jua) (Entered: 07/14/2011) 48 NOTICE of Mediator Selection: Lance J. Wogalter added. (See DE 47 for image) (jua) (Entered: 07/15/2011) 49 Clerks Notice re 47 Request for Clerk to Appoint Mediator. ERROR - wrong event selected. The document was re-docketed by the Clerk, see [de#48]. (jua) (Entered: 07/15/2011) 50 MOTION for the Production of Documents and Electronically Stored Information, Under Rule 34 by Traian Bujduveanu. (jua) (Entered: 08/05/2011) 51 GENERAL ORDER ON DISCOVERY OBJECTIONS. Signed by Magistrate Judge Andrea M. Simonton on 8/8/2011. (mmn) (Entered: 08/08/2011) 52 ORDER denying, without prejudice, 50 Plaintiff's Motion for the Production of Documents and Electronically Stored Informations, Under Rule 34. Signed by Magistrate Judge Andrea M. Simonton on 8/10/2011. (mmn) (Entered: 08/10/2011) 53 MOTION to Compel Production of Documents and Electronically Stored Informations by Traian Bujduveanu. Responses due by 9/16/2011 (ar2) (Entered: 08/30/2011) 54 ORDER Requiring Compliance With Prior Order re 45 Order Referring Case to Mediation, ( Mediation Deadline 9/6/2011). Signed by Judge Patricia A. Seitz on 8/31/2011. (asl) (Entered: 08/31/2011) 55 NOTICE of Compliance with Mediation Order by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas re 54 Order, Set/Reset Deadlines (Attachments: # 1 Exhibit Proposed Order Mediation)(Chaiet, David) (Entered: 09/01/2011)
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09/01/2011

56 ORDER Setting Mediation before Lance Wogalter, P.A. Mediation Hearing set for 11/1/2011 10:30 AM. Signed by Judge Patricia A. Seitz on 9/1/2011. (asl) (Entered: 09/01/2011) 57 RESPONSE in Opposition re 53 MOTION to Compel Production of Documents and Electronically Stored Informations, 50 MOTION to Produce Documents filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1 Exhibit)(Chaiet, David) (Entered: 09/09/2011) 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories by Traian Bujduveanu. Responses due by 10/3/2011 (jua) (Entered: 09/16/2011) 59 RESPONSE in Opposition re 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 09/28/2011) 60 MOTION to Strike 59 RESPONSE in Opposition re 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories by Traian Bujduveanu. Responses due by 10/20/2011 (jua) (Entered: 10/03/2011) 61 MOTION to Supplement re 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories by Traian Bujduveanu. (jua) (Entered: 10/04/2011) 62 RESPONSE in Opposition re 60 MOTION to Strike 59 Response in Opposition to Motion filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 10/07/2011) 63 RESPONSE in Opposition re 61 MOTION to Supplement re 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 10/07/2011) 64 MOTION to Strike DE [53,58,60,61] ( Responses due by 10/31/2011), MOTION to Stay ( Responses due by 10/31/2011), MOTION for Sanctions by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) Modified added linkon 10/13/2011 (tp). (Entered: 10/12/2011) 65 Clerks Notice to Filer re 64 MOTION to Strike MOTION to Stay MOTION for Sanctions . Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 10/13/2011) 66 BRIEF IN RESPONSE to Motion re 64 MOTION to Strike DE [53,58,60,61], Motion to Stay filed by Traian Bujduveanu. Replies due by 10/28/2011. (jua) (Entered: 10/18/2011) 67 REPLY to Response to Motion re 64 MOTION to Strike MOTION to Stay MOTION for Sanctions filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 10/24/2011) 68 FINAL REPORT of Mediation by Lance J. Wogalter. Disposition: Impasse.
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(Wogalter, Lance) (Entered: 11/04/2011) 11/18/2011 11/22/2011 11/28/2011 11/28/2011 11/28/2011 11/28/2011 11/28/2011 11/30/2011 69 REPORT of Mediation by Lance J. Wogalter. Disposition: Impasse.(ar2) (Entered: 11/18/2011) 70 NOTICE of Motion for Summary Judgment by Traian Bujduveanu (No attachments) (ar2) (Entered: 11/23/2011) 71 ORDER STRIKING Notice re 70 Notice (Other) filed by Traian Bujduveanu. Signed by Judge Patricia A. Seitz on 11/28/2011. (asl) (Entered: 11/29/2011) 72 MOTION for Summary Judgment by Traian Bujduveanu. Responses due by 12/15/2011 (ar2) (Entered: 11/29/2011) 73 MEMORANDUM of Points and Authorities in Support Re: 72 MOTION for Summary Judgment by Traian Bujduveanu. (ar2) (Entered: 11/29/2011) 74 Statement of Facts as to Which there is no Genuine Dispute Re: 72 MOTION for Summary Judgment by Traian Bujduveanu (ar2) (Entered: 11/29/2011) 75 AFFIDAVIT/Declaration signed by : Traian Bujduveanu. by Traian Bujduveanu (ar2) (Entered: 11/29/2011) 76 ORDER STRIKING Statement of Facts; re 74 Statement filed by Traian Bujduveanu. Leave to File by 12/22/11. Signed by Judge Patricia A. Seitz on 11/30/2011. (asl) (Entered: 12/01/2011) 77 Statements of Material Facts in Support of 72 MOTION for Summary Judgment by Traian Bujduveanu (ar2) (Entered: 12/06/2011) 78 MOTION to Strike 14 Amended Complaint by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Responses due by 12/23/2011 (Attachments: # 1 Exhibit)(Chaiet, David). Added MOTION to Dismiss for Failure to Appear at Depositions on 12/7/2011 (tp). (Entered: 12/06/2011) 79 MOTION for Hearing and Status Conference re 78 Motion to Strike and Dismiss by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) Modified added link on 12/7/2011 (tp). (Entered: 12/06/2011) 80 Clerks Notice to Filer re 78 MOTION to Strike 14 Amended Complaint MOTION to Dismiss. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp) (Entered: 12/07/2011) 81 Clerks Notice to Filer re 79 MOTION for Hearing . Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 12/07/2011) 82 ORDER STRIKING 77 Statement of Facts filed by Traian Bujduveanu. Signed by Judge Patricia A. Seitz on 12/7/2011. (yha) (Entered: 12/07/2011)

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PACER Service Center

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